HomeMy WebLinkAboutCity Council Resolution 2001-354CITY OF PLYMOUTH
RESOLUTION 2001-354
APPROVING LOT DIVISION AND VARIANCES FOR INDEPENDENT SCHOOL
DISTRICT 284 FOR PROPERTY LOCATED AT 16440 COUNTY ROAD 47
(2001068)
WHEREAS, an application has been filed by Independent School District 284 which
requests approval of a lot division and variances to allow the transfer of land for a fiiture
school site for property located at 16440 County Road 47; and
WHEREAS, the subject site is presently legally described on Attachment One, attached
hereto and hereby made a part hereof, and
WHEREAS, the proposed lot arrangement for which the lot division is sought is as legally
described on Attachment Two, attached hereto and hereby made a part hereof, and
And,
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
lot division and variance request by Independent School District 284 subject to the
following findings and conditions:
1. Approval of the lot division and variances allows the transfer of a 20 -acre parcel of
land for a future school site, in accordance with the plans received by the City on July
12, 2001, except as amended by this resolution.
2. This resolution approves a variance to allow Parcel B to be created with 1.79 acres
and 351.77 feet wide at County Road 47 instead of 20 acres and 500 feet wide as
required in Section 21350.13 of the Zoning Ordinance with the finding that the
applicable variance standards are met, as follows:
Resolution 2001-354
(2001068)
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a. If the strict letter of the regulations were carried out in this instance, the School
District would be required to purchase the entire 21.79 -acre site at considerable
additional public cost.
b. The circumstances related to this request are not generally applicable to other
property within the same zoning classification. The School District must acquire
land that is centrally located within potential enrollment boundaries. The District
found the subject site to best meet this location criteria.
c. The variance is not based upon a desire to increase the value or income potential
of the land, rather the School District is intending to use the land for public
purpose and benefit.
d. The hardship is caused by the ordinance and has not been created by the School
District.
e. The granting of the variance would not be detrimental to the public welfare nor
would it be injurious to other property in the area. Schools are part of a
community's infrastructure and future development is dependent on provision of
this service.
f. The variance is not related to the constriction of any building on the property and
therefore would not impair an adequate supply of light or air to adjacent property,
or increase the congestion of the public streets, or increase the danger of fire, or
endanger the public safety or diminish property values within the neighborhood.
g. The action is the minimum necessary to comply with State guidelines for the size
of an elementary school property and leave the current property owners their
homestead site.
3. This resolution approves a variance to allow a metes -and -bounds lot division instead
of a plat, with the finding that the applicable variance standards are met, as follows:
a. Granting the variance would allow the Wayzata School District to acquire an
adequately -sized parcel to accommodate a future elementary school to serve
anticipated residential growth in Plymouth and Maple Grove. Allowing acquisition
in advance of the need for the school would limit the School District's costs for the
school site which in turn has a significant public benefit. Granting the variance
would also allow the existing homestead and agricultural operation to continue to
function until the land is needed for a school.
b. The granting of the variance would not be detrimental to the public welfare nor
would it be injurious to other property in the area. Schools are part of a
Resolution 2001-354
(2001068)
Page 3
community's infrastructure and future development is dependent on provision of
this service.
3. The School District shall submit the required easements, as specified in the Engineer's
Memorandum, to the City for their approval and shall record the documents with this
resolution.
4. No building permits shall be issued for either lot until such time as sewer and water is
available to serve the lots.
5. When development is proposed on either property, the development application shall
conform to all Subdivision Code and Zoning Ordinance requirements, including but
not limited to, required platting and wetland and tree preservation regulations.
6. As part of any development of either property, 17 feet of right-of-way must be
dedicated to Hennepin County for future improvement of County Road 47.
7. Compliance with the City Engineer's Memorandum.
ADOPTED by the City Council on August 28, 2001.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on August 28, 2001, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
Resolution 2001-354
(2001068)
Page 4
ATTACHMENT ONE
(Existing Legal Description)
That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22,
Hennepin County, Minnesota, lying north of the northerly right-of-way line of Hennepin
County Highway No. 47.
Resolution 2001-354
(2001068)
Page 5
ATTACHMENT TWO
(Proposed Legal Descriptions)
PARCEL A (proposed future school site)
That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22,
Hennepin County, Minnesota, lying north of the northerly right-of-way line of Hennepin
County Highway No. 47 except that part described as follows:
Commencing at the northeast corner of said west 60 acres of the northeast '/4; thence
south 0 degrees 08 minutes 02 seconds east, assumed bearing, along the east line of said
west 60 acres of the Northeast '/4, a distance of 496.14 feet to the point of beginning of
the land to be herein described; thence south 89 degrees 51 minutes 58 seconds west a
distance of 320.00 feet; thence south 0 degrees 08 minutes 02 seconds east a distance of
323.54 feet to said northerly right-of-way line; thence northeasterly along said northerly
right-of-way line to said east line; thence north 0 degrees 08 minutes 02 seconds west, a
distance of 179.76 feet to the point of beginning.
PARCEL B (16440 County Road 47)
That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22,
Hennepin County, Minnesota described as follows:
Commencing at the northeast corner of said west 60 acres of the northeast '/4; thence
south 0 degrees 08 minutes 02 seconds east, assumed bearing, along the east line of said
west 60 acres of the northeast '/4, a distance of 496.14 feet to the point of beginning of the
land to be herein described; thence south 89 degrees 50 minutes 58 seconds west a
distance of 320.00 feet; thence south 0 degrees 08 minutes 02 seconds east a distance of
323.54 feet to the northerly right-of-way line of Hennepin County State Aid Highway No.
47; thence northeasterly along said northerly right-of-way line to said east line; thence
north 0 degrees 08 minutes 02 seconds west, a distance of 179.76 feet to the point of
beginning.
Note: The parcel designations used herein are f01' convenience only and do not
represent an integral part cif the legal descriptions.